Delayed Action, Broken Rules: Society Wins Partial Victory in Land Case.
A local society in Mumbai has secured a partial victory in a long-standing land dispute with the government. The case centered around a plot of land originally granted tax-free by the government (Inam land) with restrictions on its use.
The government had regranted the land to heirs, specifying it could only be used for agriculture and imposing a penalty for non-agricultural purposes. The land was subsequently sold – first to a family, then to the society (petitioner) – who planned to develop it for their members.
While some members received permission for individual plots, the society's request for permission to use the entire land for non-agricultural purposes went unanswered. Years later, the government issued a notice alleging a violation of tenancy laws and the regrant conditions.
The Sub Divisional Officer (SDO) ruled in favor of the government, ordering the land to be returned. However, the society challenged this decision in court.
The society argued that the government's inaction on their application amounted to deemed permission for non-agricultural use. They also highlighted the significant delay by the government in raising any objections to the sale or the use of the land.
The court acknowledged the violation of tenancy laws due to the lack of permission for the sale to the society. However, the judge ruled that the government's delay in acting on this violation was unreasonable.
While the court rejected the society's claim of deemed permission, it also recognized their willingness to pay the penalty for non-agricultural use as per the regrant conditions.
Ultimately, the court upheld the government's claim regarding the breach of regrant conditions but not the violation of tenancy laws due to the delay. The court directed the government to quantify the penalty amount associated with the non-agricultural use.
This verdict offers the society a chance to retain the land, albeit with a financial burden. They will need to pay the penalty determined by the government (Tahsildar) to comply with the original agreement and officially convert the land use.
Bombay Tenancy and Agricultural Lands Act, 1948